i universities and university colleges act (uuca) 1971
TRANSCRIPT
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UNIVERSITIES AND UNIVERSITY COLLEGES ACT (UUCA) 1971 (ACT30):
EVALUATION FROM THE HUMAN RIGHTS PERSPECTIVE
By
Sheba Gumis
Syeela Marlina binti Uttaman
Wan Khairul Anwar Manan
(2005600835)
(2005601161)
(2005600595)
Submitted in Partial Fulfillment of the Requirements
for the Bachelor in Legal Studies (Hons)
Universiti Teknologi MARA
Faculty of Law
October 2007
The students/authors confirm that the work submitted is their own and that appropriate
credit has been given where reference has been made to the work of others.
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Abstract
For the last two semester we have been conducting a research on the University and
Universities college Act 1971 (UUCA) in Malaysia. In our research, we concentrated
on several sections in the UUCA that are controversial and are expected to infringe
the human rights and fundamental liberties of the citizens of Malaysia.
The UUCA is a controversial topic of which its abolishment has been repeatedly been
called for due to its infringement of human rights and natural justice. The recent call
for amendments to the UUCA makes it necessary for a research paper to be done on
the UUCA and its infringing provisions.
In completing this project paper, we have conducted two interviews with Student
Affairs officials from University Teknologi Mara (UiTM) and Universiti Kebangsaan
Malaysia (UKM).
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Acknowledgement
First and foremost, our deepest gratitude is forwarded to God whose guidance, help,
and grace is instrumental in making the finalization of this project paper a reality. We
would also like to convey our thankfulness and appreciation to our respected lecturer
who is also our supervisor, Professor Shad Saleem Faruqi who has been kind and
generous enough in lending us a helping hand throughout the completion of this
research. His guidance and assistance shall never be forgotten. In addition, we also
wish to acknowledge the assistance of few other people in helping us completing this
project paper.
Firstly, special thanks to the staff and librarians of Perpustakaan Tunku Abdul
Rahman I and II of Universiti Teknologi Mara Shah Alam and Perpustakaan Ahmad
Ibrahim of Universiti Malaya whose assistance has enabled us to find materials which
is fundamental tour research. Secondly, we would like to thank our family for their
constant encouragement and love. Their support has made it possible for us to endure
any difficulty that we faced along the completion of our work.
We would also like to thank Mr. Haji Salleh Yusof, who was Deputy Registrar of the
Student Affairs Department of UKM and Mr. Nazim Ganti Shaari, who is the Student
Affairs {Hal Ehwal Pelajar) coordinator for University Technology Mara's Law
Faculty for their kindness in making the interview sessions possible for us despite
their eventful schedule and also for sharing their thoughts with regard to the
University and Universities college Act 1971 (UUCA).
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Acknowledgement Abstract Contents Table of Cases
Table of Content
Chapter 1: Introduction
1.0 1.1 1.2 1.3 1.4 1.5 1.6
General Introduction Problem Statement Objective of study Methodology Limitation Significance of study Conclusion
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1-12
1 5 8 9 10 11 12
Chapter 2: Controversial Provisions of the UUCA 13-20
2.0 2.1
2.2
Introduction General Overview of the Controversial Provisions of the UUCA 2.1.1 Section 15 of the UUCA 2.1.2 Section 15 A of the UUCA 2.1.3 Section 15D of the UUCA 2.1.4 Section 16 of the UUCA 2.1.5 First Schedule, Part VI, section 48 of the
UUCA Conclusion
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13 13 15 16 18
19 20
Chapter 3: Literature Review on the UUCA 21-29
3.0 3.1
3.2 3.3
Introduction Fundamental Liberties, Natural Justice. Rule of Law 3.1.1 Freedom of Speech, Assembly and
Association 3.1.2 Right of Education 3.1.3 Equality before the Law 3.1.4 Natural Justice 3.1.5 Rule of Law Criticism of the UUCA Conclusion
21
21
21 23 23 25 26 27 29
Chapter 4: The UUCA and its Comparison with the Existing Laws 30-34
Chapter 5:
Chapter 6:
4.0 4.1 4.2
4.3
Introduction Objective of the UUCA The comparison of the UUCA with existing Laws 4.2.1 Freedom of Association 4.2.2 Natural Justice denied 4.2.3 Absolute Discretionary Power 4.2.4 Right to Education 4.2.5 Equality Conclusion
Interview
5.0 5.1 5.2 5.3
Introduction Interview with Mr. Haji Salleh Yusof Interview with Mr. Nazim Ganti Shaari Conclusion
Conclusion and Recommendations
6.0 6.1
Introduction Other issues relevant to the UUCA
30 30 31 31 31 33 33 33 34
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35 35 42 45
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6.1.1 Globalisation and the UUCA 6.1.2 Political Science students and the UUCA 6.1.3 Double standard by the Government
6.2 Recommendations 6.2.1 Amendment to Section 15D of the UUCA 6.2.2 Applying the rule of Natural Justice in a
Disciplinary proceeding 6.2.3 Establishment of Independent Tribunal 6.2.4 Annulment of Section 15 and Section 16
of the UUCA 6.2.5 Abolishment of criminal penalties in the
UUCA 6.2.6 The creation of a uniform set of laws for
both Private and Public Institutions of Higher Learning
6.3 Conclusion
47 48 49 49 49
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Bibliography
Appendices
54-56
57-66
Appendix 1: Interview Questions Appendix 2: Sections of the UUCA
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